ABA Formal Opinion 477

American Bar Association Standing Committee on Ethics and Professional Responsibility   Topic: Securing Communication of Protected Client Information “A lawyer generally may transmit information relating to the representation of a client over the internet without violating the Model Rules of Professional Conduct where the lawyer has undertaken reasonable efforts to prevent inadvertent or unauthorized access […]

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New York County Lawyers’ Association Ethics Opinion 749

Committee on Professional Ethics Topic: “A lawyer’s ethical duty of technological competence with respect to the duty to protect a client’s confidential information from cybersecurity risk and handling e-discovery when representing clients in a litigation or government investigation”   From the digest: A lawyer’s ethical duty of competence extends to the manner in which he […]

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Texas lawyers may communicate confidential information by e-mail

Texas Ethic Opinion 648 Professional Ethics Committee for the State Bar of Texas   Topic: Communication of confidential information by email   Conclusion of the Committee: “Under the Texas Disciplinary Rules of Professional Conduct, and considering the present state of technology and email usage, a lawyer may generally communicate confidential information by email. Some circumstances, […]

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Virginia Bar Association, Legal Ethics Opinion 1872

Ethics Committee Topic: Virtual Law Office, cloud computing From the Opinion: “This opinion is an examination of the ethical issues involved in a lawyer or firm’s use of a virtual law office, including cloud computing, and/or executive office suites. These issues include marketing, supervision of lawyers and nonlawyers in the firm, and competence and confidentiality when […]

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New York City Bar Formal Opinion 2012-1

Topic: bligations Upon Receiving a Document Not Intended for the Recipient A lawyer who receives a misdirected communication must notify the sender but does not have to destroy or return it. The New York City Bar Committee on Professional Ethics issued Formal Opinion 2012-01 which contemplates the ethical obligations of a lawyer who receives a […]

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North Carolina State Bar 2012 Formal Ethics Opinion 5

Topic: Reviewing Employee’s Email Communications with Counsel Using Employer’s Business Email System From the opinion: “Opinion rules that a lawyer representing an employer must evaluate whether email messages an employee sent to and received from the employee’s lawyer using the employer’s business email system are protected by the attorney-client privilege and, if so, decline to […]

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American Bar Association Formal Opinion 11-459

Standing Committee on Ethics and Professional Responsibility   In Formal Opinion 11-459, the ABA Standing Committee on Ethics and Professional Responsibility draw from the Model Rules a new duty for lawyers: the duty to warn the client of potential confidentiality concerns, for example when the lawyer knows or should have known that the client is […]

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ABA Formal Opinion 11-460

American Bar Association Standing Committee on Ethics and Professional Responsibility   The full text is available at: http://www.americanbar…

California State Bar Opinion 2010-179

Standing Committee on Professional Responsibility and Conduct   Topic: General use of technology by lawyers – reasonable precautions to avoid unauthorized access by third parties. Digest of the Committee: “Whether an attorney violates his or her duties of confidentiality and competence when using technology to transmit or store confidential client information will depend on the […]

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